31-401

31-401. Board of executive clemency;
qualifications; appointment; officers; quorum; meeting

A. The board of executive clemency is established consisting of five members who
are appointed by the governor pursuant to this subsection and section 38-211. The
governor shall appoint a selection committee consisting of the director of the department
of public safety, the director of the state department of corrections and three other
persons who shall submit a list of three qualified candidates to the governor for each
vacancy on the board. The governor shall fill the vacancy by appointing a member to the
board of executive clemency from the list.

B. The members of the board shall serve on a full-time basis and the compensation
of members shall be as determined pursuant to section 38-611. Each member shall be
appointed on the basis of broad professional or educational qualifications and experience
and shall have demonstrated an interest in the state's correctional program. No more
than two members from the same professional discipline shall be members of the board at
the same time.

C. Each member appointed to the board shall complete a four week course relating to
the duties and activities of the board. The course shall be designed and administered by
the chairman of the board and shall be conducted by the office of the board of executive
clemency and the office of the attorney general. The course shall include training in
all statutes that pertain to the board and participation in a decision making workshop.

D. Members shall be appointed for a term of five years to expire on the third
Monday in January of the appropriate year.

E. A member of the board may be removed by the governor for cause.

F. The governor shall select a member of the board as chairman. The chairman shall
select other officers as are advisable. The term of the chairman is two years, except
that the chairman may be removed as chairman at the pleasure of the governor. If a board
member's term expires while the member is serving as chairman, the chair shall be deemed
vacant and a new chairman shall be selected.

G. The board may adopt rules, not inconsistent with law, as it deems proper for the
conduct of its business. The board may from time to time amend or change the rules and
publish and distribute the rules as provided by the administrative procedures act.

H. The board shall meet at least once a month at the state prison and at other
times or places as the board deems necessary.

I. The presence of three members of the board constitutes a quorum, except that
the chairman may designate that the presence of two members of the board constitutes a
quorum.

J. If two members of the board constitute a quorum pursuant to subsection I of this
section and the two members do not concur on the action under consideration, the chairman
of the board, if the chairman is not one of the members who constituted the quorum and
after reviewing the information considered by the two members, shall cast the deciding
vote. If the chairman of the board is one of the two members constituting a quorum at a
hearing under subsection I of this section, and there is not concurrence on the action
under consideration, the action fails.

K. The board shall employ an executive director whose compensation shall be
determined pursuant to section 38-611. The chairman of the board may act as the executive
director.